The M3 Junction 9 Development Consent Order 2024

• (5) No construction operations are to take place within 20 metres of the identifiable extent of the nationally significant remains referred to in sub-paragraph (4) until an appropriate mitigation strategy has been discussed and consulted upon with the City Archaeologist and Historic England, unless otherwise agreed in writing by the Secretary of State.

• (6) On completion of the authorised development, suitable resources and provisions for long term storage of the archaeological archive will be agreed with the City Archaeologist.

• (7) References in this paragraph to consultation, reporting, and discussion with the City Archaeologist shall include consultation, reporting, and discussion with the nominated archaeologist for South Downs National Park Authority to the extent that it relates to matters relevant to their functions.

Protected species

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• (1) In the event that any protected species which were not previously identified in the environmental statement or nesting birds are found at any time when carrying out the authorised development the undertaker must cease construction works near their location and report it immediately to the Ecological Clerk of Works.

• (2) The undertaker must prepare a written scheme for the protection and mitigation measures for any protected species that were not previously identified in the environmental statement or nesting birds found when carrying out the authorised development. Where nesting birds are identified, works should cease within 10 metres of the nest until birds have fledged and the nest is no longer in use.

• (3) The undertaker must implement the written scheme prepared under sub-paragraph (2) immediately and construction in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.

Traffic management

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• (1) No part of the authorised development is to commence until a traffic management plan for the construction of that part of the authorised development, substantially in accordance with the outline traffic management plan has been submitted to and approved in writing by the Secretary of State following consultation with the local highway authority.

• (2) The authorised development must be constructed in accordance with the approved traffic management plan.

Detailed design

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• (1) The authorised development must be designed in detail and carried out so that it is in accordance with—

• (a) the preliminary scheme design shown on the works plans and the engineering and structural drawings and sections;

• (b) the design principles set out in the design principles report,

unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its functions and the local highway authority on matters related to its functions and provided that the Secretary of State is satisfied that any amendments to the works plans and the engineering drawings and sections showing departures from the preliminary design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

• (2) The undertaker in relation to the detailed design of the authorised development must have regard to the amended duty to seek to further the purposes specified in section 5(1) of the National Parks and Access to Countryside Act 1949 as set out in section 11A of that Act.

• (3) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding works plans or engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.

Surface water drainage

13

• (1) No part of the authorised development is to commence until written details of the surface water drainage system for that part, in accordance with the flood risk assessment and drainage strategy, reflecting the mitigation measures in chapter 13 of the environmental statement and including means of pollution control, have been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority on matters related to their functions, the lead local flood authority, the Environment Agency, and the local highway authority where that the surface water drainage system interacts with a highway maintainable at the expense of that local highway authority.

• (2) The drainage system must be constructed and maintained in accordance with the approved details referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority, the lead local flood authority and the Environment Agency.

Noise Mitigation

14

• (1) No part of the authorised development is to commence until written details of proposed noise mitigation in respect of the use and operation of that part of the authorised development, including low noise surfacing, have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authorities, the South Downs National Park Authority and the local highway authority on matters related to their functions.

• (2) The written details referred to in sub-paragraph (1) must either reflect the mitigation measures included in the environmental statement or, where the mitigation proposed materially differs from the mitigation identified in the environmental statement, the undertaker must provide evidence with the written details submitted that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement taking into account the mitigation identified in it.

• (3) The noise mitigation must be constructed in accordance with the approved details referred to in sub-paragraph (1) and must be retained thereafter.

Height Restrictions

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Any static unit providing welfare or other facilities within the temporary construction site compound as part of Work No. 38 shall be a single storey unit and shall not exceed a height of 4 metres, the measurement of which being from the external base to the external roof of the static unit but shall not include the depth of any foundation reasonably required to secure the structure or height of any aerial, mast, satellite dish, chimney stack, flue, pipe, solar panel or other equipment reasonably required to be affixed to the static unit.

Approvals and amendments to approved details

16

With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved or agreed in writing by the Secretary of State.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

17

• (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—

• (a) the day immediately following that on which the application is received by the Secretary of State;

• (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 18 (further information); or

• (c) such longer period as may be agreed between the parties.

• (2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1) , the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

• (3) Where—

• (a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

• (b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

• (c) the application is accompanied by a report referred to in paragraph 4 (details of consultation) stating that, in the view of a body required to be consulted by the undertaker under the requirement in question, the subject matter of the application is likely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

then the application is taken to have been refused by the Secretary of State at the end of that period.

Further information

18

• (1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

• (2) In the event that the Secretary of State considers such further information to be necessary, the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates.

• (3) In the event that the Secretary of State does not give such notification within this 21 day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

• (4) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 17 (applications made under requirements) and in this paragraph.

• (5) In this paragraph, “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971⁸⁹.

Register of requirements

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• (1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

• (2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

• (3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Anticipatory steps towards compliance with any requirement

20

If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

Details of consultation

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With respect to any provision of this Schedule requiring details to be submitted to the Secretary of State for approval following consultation by the undertaker with another party, the undertaker must provide such other party with not less than 28 days for any response to the consultation and the details submitted to the Secretary of State for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.

PART 1 — SPECIAL ROADS

(1)Area	(2)Length of road
Hampshire County Council (Winchester)	M3 northbound carriageway from a point 540 metres from the proposed M3 Junction 9 gyratory southern bridge to the proposed A34 northbound diverge between point 30 and 23 of sheets 6, 7 and 8 of the classification of road plans, comprising 878 metres.
Hampshire County Council (Winchester)	M3 northbound carriageway from the proposed A34 northbound diverge to a point 221 metres from the proposed M3 Junction 9 gyratory northern bridge between points 23 and 31 on sheets 4, 5, and 6 of the classification of road plans, comprising 1186 metres.
Hampshire County Council (Winchester)	M3 northbound offslip to the proposed M3 Junction 9 gyratory between point 32 and 27 on sheets 8 and 7 of the classification of road plans, comprising 468 metres.
Hampshire County Council (Winchester)	M3 northbound onslip from the proposed A33 / M3 onslip roundabout to the M3 northbound carriageway to a point 790 metres from the proposed M3 Junction 9 gyratory northern bridge between points 14 and 33 on sheets 5 and 4 of the classification of road plans, comprising 468 metres.
Hampshire County Council (Winchester)	M3 southbound carriageway from a point 1066 metres from the proposed M3 Junction 9 gyratory northern bridge to a point 790 metres from the proposed M3 Junction 9 gyratory southern bridge between point 34 and 35 on sheets 5, 6, 7 and 8 of the classification of road plans, comprising 1984 metres.
Hampshire County Council (Winchester)	M3 southbound merge from a point 182 metres from the proposed M3 underpass southern portal to a point 782 metres from the proposed M3 Junction 9 gyratory southern bridge between point 18 and 36 on sheets 6, 7 and 8 of the classification of road plans, comprising 1311 metres.
Hampshire County Council (Winchester)	M3 southbound onslip from the proposed M3 Junction 9 gyratory to a point 48 metres from the proposed M3 Junction 9 gyratory southern bridge between point 37 and 38 on sheets 7 and 8 of the classification of road plans, comprising 797 metres.
Hampshire County Council (Winchester)	M3 southbound offslip from a point 1059 metres from the proposed M3 Junction 9 gyratory northern bridge to a point 394 metres from the proposed M3 Junction 9 gyratory northern bridge between point 39 and 21 on sheets 5 and 6 of the classification of road plans, comprising 694 metres.

PART 2 — TRUNK ROADS

(1)Area	(2)Length of road
Hampshire County Council (Winchester)	A33 southbound from the proposed A33 / M3 northbound onslip roundabout to the proposed National Highways depot roundabout between point 5 and 6 on sheets 5 and 6 of the classification of road plans, comprising 520 metres.
Hampshire County Council (Winchester)	A33 southbound from the proposed National Highways depot roundabout to the proposed M3 Junction 9 gyratory between point 7 and 8 on sheets 6 and 7 of the classification of road plans, comprising 227 metres.
Hampshire County Council (Winchester)	A33 northbound from the proposed National Highways depot roundabout to the proposed M3 Junction 9 gyratory between point 9 and 10 on sheets 7 and 6 of the classification of road plans, comprising 246 metres.
Hampshire County Council (Winchester)	A33 northbound from the proposed National Highways depot roundabout to the proposed A33 / M3 northbound onslip roundabout between point 11 and 12 on sheets 6 and 5 of the classification of road plans, comprising 524 metres.
Hampshire County Council (Winchester)	A33 northbound from the proposed A33 / M3 northbound onslip roundabout to the commencement of the proposed M3 northbound onslip motorway between point 13 and 14 on sheets 5 and 6 of the classification of road plans, comprising 8 metres.
Hampshire County Council (Winchester)	Proposed A33 / M3 northbound onslip roundabout extents as shown at point 15 on sheet 5 of the classification of road plans, comprising 87 metres.
Hampshire County Council (Winchester)	Proposed National Highways depot roundabout extents as shown at point 16 on sheet 6 of the classification of road plans, comprising 87 metres.
Hampshire County Council (Winchester)	A34 southbound from a point 659 metres from the proposed M3 underpass northern portal to a point 178 metres from the proposed M3 underpass southern portal between point 17 and 18 on sheets 5 and 6 of the classification of road plans, comprising 890 metres.
Hampshire County Council (Winchester)	A34 southbound diverge from commencement of diverge to the proposed M3 Junction 9 gyratory between point 19 and 20 on sheets 6 and 7 of the classification of road plans, comprising 588 metres.
Hampshire County Council (Winchester)	A34 southbound from a point 394 metres from the proposed M3 Junction 9 gyratory to a point 347 metres from the proposed M3 Junction 9 gyratory between point 21 and 22 on sheet 6 of the classification of road plans, comprising 49 metres.
Hampshire County Council (Winchester)	A34 northbound from the proposed M3 / A34 northbound diverge to a point 223 metres from the proposed M3 Junction 9 gyratory northern bridge between point 23 and 24 on sheets 6 and 5 of the classification of road plans, comprising 1171 metres.
Hampshire County Council (Winchester)	A34 northbound onslip from the proposed M3 Junction 9 gyratory to a point 68 metres from the proposed M3 Junction 9 gyratory between point 25 and 26 on sheets 7 and 6 of the classification of road plans, comprising 613 metres.
Hampshire County Council (Winchester)	M3 northbound offslip from a point 60 metres from the proposed M3 Junction 9 gyratory southern bridge to a point 63 metres from the proposed M3 Junction 9 gyratory southern bridge between point 27 and 28 on sheet 7 of the classification of road plans, comprising 39 metres.
Hampshire County Council (Winchester)	M3 Junction 9 gyratory extents as shown at point 29 on sheet 7 of the classification of road plans, comprising 583 metres.

PART 3 — ROADS TO BE DE-TRUNKED

(1)Area	(2)Length of Road
Hampshire County Council (Winchester)	A33 northbound carriageway between point 1 and 2 on sheets 3 and 5 of the de-trunking plans, comprising 1182 metres.
Hampshire County Council (Winchester)	A33 southbound carriageway between point 3 and 4 on sheets 3 and 5 of the de-trunking plans, comprising 1261 metres.
Hampshire County Council (Winchester)	A34 northbound carriageway between point 5 and 6 on sheets 5, 6 and 7 of the de-trunking plans, comprising 935 metres.
Hampshire County Council (Winchester)	A34 southbound carriageway between point 7, 8, 9 and 10 on sheets 5, 6 and 7 of the de-trunking plans, comprising 902 metres.
Hampshire County Council (Winchester)	M3 northbound onslip to M3 northbound carriageway from M3 Junction 9 gyratory between point 11, 12 and 13 on sheets 6 and 7 of the de-trunking plans, comprising 259 metres.
Hampshire County Council (Winchester)	M3 southbound offslip from M3 southbound carriageway to M3 Junction 9 gyratory between point 14 and 15 on sheets 6 and 7 of the de-trunking plans, comprising 418 metres.
Hampshire County Council (Winchester)	M3 southbound onslip to M3 southbound carriageway from M3 Junction 9 gyratory between point 16 and 17 on sheet 7 of the de-trunking plans, comprising 245 metres.
Hampshire County Council (Winchester)	M3 northbound offslip from M3 northbound carriageway to M3 Junction 9 gyratory between point 18 and 19 on sheet 7 of the de-trunking plans, comprising 315 metres.
Hampshire County Council (Winchester)	M3 Junction 9 gyratory as shown by point 20 on sheet 7 of the de-trunking plans, comprising 645 metres.

PART 4 — CLASSIFIED ROADS

(1)Area	(2)Length of road
Hampshire County Council (Winchester)	A33 southbound from a point 17 metres from the existing Cart and Horses Junction (Kings Worthy) to the proposed A33 / M3 northbound onslip roundabout between points 1 and 2 on sheets 3 and 5 of the classification of road plans, comprising 1367 metres.
Hampshire County Council (Winchester)	A33 northbound from the proposed A33 / M3 northbound onslip roundabout to the existing Cart and Horses Junction (Kings Worthy) between point 3 and 4 on sheets 3 and 5 of the classification of road plans, comprising 1367 metres.
Hampshire County Council (Winchester)	Easton Lane southbound from a point 104 metres from the proposed M3 Junction 9 gyratory southern bridge to a point 196 metres from the proposed M3 Junction 9 gyratory southern bridge between point 44 and 45 on sheet 7 of the classification of road plans, comprising 100 metres.
Hampshire County Council (Winchester)	Easton Lane northbound from a point 126 metres from the proposed M3 Junction 9 gyratory southern bridge to a point 145 metres from the proposed M3 Junction 9 gyratory southern bridge between point 46 and 47 on sheet 7 of the classification of road plans, comprising 38 metres.
Hampshire County Council (Winchester)	A272 southbound from the proposed M3 Junction 9 gyratory to a point 132 metres from the proposed M3 Junction 9 gyratory southern bridge between point 40 and 41 on sheet 7 of the classification of road plans, comprising 204 metres.
Hampshire County Council (Winchester)	A272 northbound from a point 103 metres from the proposed M3 Junction 9 gyratory to the proposed M3 Junction 9 gyratory between point 42 and 43 on sheet 7 of the classification of road plans, comprising 171 metres.

PART 5 — SPEED LIMITS

(1)Area	(2)Road name, number and length	(3)Speed limit
Hampshire County Council (Winchester)	Easton Lane northbound between point 31 and 32 on sheet 7 of the speed limits plans, comprising 15 metres.	30mph
Hampshire County Council (Winchester)	Easton Lane southbound between point 33 and 34 on sheet 7 of the speed limits plans, comprising 80 metres.	30mph
Hampshire County Council (Winchester)	A33 northbound and southbound between point 1 and 2 on sheet 3 of the speed limits plans, comprising 327 metres.	40mph
Hampshire County Council (Winchester)	A33 southbound between point 3 and 4 on sheet 5 of the speed limits plans, comprising 163 metres.	40mph
Hampshire County Council (Winchester)	A33 southbound from proposed A33 / M3 northbound onslip roundabout to the proposed National Highways depot roundabout between Point 5 and 6 on sheets 5 and 6 of the speed limits plans, comprising 527 metres.	40mph
Hampshire County Council (Winchester)	A33 southbound from proposed National Highways depot roundabout to the proposed M3 Junction 9 gyratory between point 7 and 8 on sheets 6 and 7 of the speed limits plans, comprising 222 metres.	40mph
Hampshire County Council (Winchester)	A33 northbound from the proposed M3 Junction 9 gyratory to the proposed National Highways depot roundabout between point 9 and 10 on sheets 7 and 6 of the speed limits plans, comprising 244 metres.	40mph
Hampshire County Council (Winchester)	A33 northbound from the proposed National Highways depot roundabout to the proposed A33 / M3 northbound onslip roundabout between point 11 and 12 on sheets 6 and 5 of the speed limits plans, comprising 527 metres.	40mph
Hampshire County Council (Winchester)	A33 northbound from the proposed A33 / M3 onslip roundabout to the A33 northbound between point 13 and 3 on sheet 5 of the speed limits plans, comprising 163 metres.	40mph
Hampshire County Council (Winchester)	A33 northbound from the proposed A33 / M3 northbound onslip roundabout to the M3 northbound onslip between point 14 and 15 on sheet 5 of the speed limits plans, comprising 46 metres.	40mph
Hampshire County Council (Winchester)	A33 / M3 northbound onslip roundabout extents as shown at point 16 on sheet 5 of the speed limits plans, comprising 83 metres.	40mph
Hampshire County Council (Winchester)	National Highways depot roundabout extents as shown at point 17 on sheet 6 of the speed limits plans, comprising 83 metres.	40mph
Hampshire County Council (Winchester)	A34 southbound diverge to the -proposed M3 Junction 9 gyratory between point 21 and 22 on sheets 6 and 7 of the speed limits plans, comprising 393 metres.	40mph
Hampshire County Council (Winchester)	A34 / M3 southbound offslip merge between point 23 and 24 on sheet 6 of the speed limits plans, comprising 50 metres.	40mph
Hampshire County Council (Winchester)	A34 northbound onslip between point 29 and 27 on sheet 7 of the speed limits plans, comprising 39 metres.	40mph
Hampshire County Council (Winchester)	Easton Lane northbound between point 30 and 31 on sheet 7 of the speed limits plans, comprising 23 metres.	40mph
Hampshire County Council (Winchester)	Easton Lane southbound between point 34 and 35 on sheet 7 of the speed limits plans, comprising 36 metres.	40mph
Hampshire County Council (Winchester)	A272 southbound between point 40 and 41 on sheet 7 of the speed limits plans, comprising 204 metres.	40mph
Hampshire County Council (Winchester)	A272 northbound between point 41 and 42 on sheet 7 of the speed limits plans, comprising 180 metres.	40mph
Hampshire County Council (Winchester)	M3 Junction 9 gyratory extents as shown at point 43 on sheet 7 of the speed limits plans, comprising 583 metres.	40mph
Hampshire County Council (Winchester)	M3 northbound offslip to the proposed M3 Junction 9 gyratory between point 36 and 37 on sheet 7 of the speed limits plans, comprising 40 metres.	40mph
Hampshire County Council (Winchester)	M3 southbound onslip from the proposed M3 Junction 9 gyratory between point 38 and 39 on sheet 7 of the speed limits plans, comprising 36 metres.	40mph
Hampshire County Council (Winchester)	A33 northbound and southbound between point 2 and 3 on sheets 3 and 5 of the speed limits plans, comprising 871 metres.	50mph
Hampshire County Council (Winchester)	A34 southbound to M3 southbound onslip merge between point 18 and 19 on sheets 5 and 6 of the speed limits plans, comprising 905 metres.	50mph
Hampshire County Council (Winchester)	A34 southbound diverge to proposed M3 Junction 9 gyratory between point 20 and 21 on sheet 6 of the speed limits plans, comprising 200 metres.	50mph
Hampshire County Council (Winchester)	A34 northbound between point 26 and 28 on sheets 6 and 5 of the speed limits plans, comprising 802 metres.	50mph
Hampshire County Council (Winchester)	A34 northbound from M3 northbound diverge to A34 northbound between point 25 and 26 on sheet 6 of the speed limits plans, comprising 390 metres.	70mph
Hampshire County Council (Winchester)	A34 onslip from proposed M3 Junction 9 gyratory between point 27 and 26 on sheets 7 and 6 of the speed limits plans, comprising 578 metres.	70mph
Hampshire County Council (Winchester)	M3 northbound offslip between point 44 and 36 on sheets 8 and 7 of the speed limits plans, comprising 486 metres.	70mph
Hampshire County Council (Winchester)	M3 southbound onslip between point 39 and 53 on sheets 7 and 8 of the speed limits plans, comprising 763 metres.	70mph
Hampshire County Council (Winchester)	M3 northbound between point 45 and 25 on sheets 8, 7 and 6 of the speed limits plans, comprising 876 metres.	70mph
Hampshire County Council (Winchester)	M3 northbound between point 46 and 47 on sheets 6, 5 and 4 of the speed limits plans, comprising 1186 metres.	70mph
Hampshire County Council (Winchester)	M3 northbound onslip between point 15 and 48 on sheets 5 and 4 of the speed limits plans, comprising 605 metres.	70mph
Hampshire County Council (Winchester)	M3 southbound between point 49 and 50 on sheets 5, 6, 7 and 8 of the speed limits plans, comprising 1980 metres.	70mph
Hampshire County Council (Winchester)	M3 southbound offslip between point 51 and 23 on sheets 5 and 6 of the speed limits plans, comprising 695 metres.	70mph
Hampshire County Council (Winchester)	M3 southbound onslip merge between point 19 and 52 on sheets 6, 7 and 8 of the speed limits plans, comprising 1305 metres.	70mph
Hampshire County Council (Winchester)	M3 southbound onslip from the proposed M3 Junction 9 gyratory between point 39 and 53 on sheets 7 and 8 of the speed limits plans, comprising 763 metres.	70mph

PART 6 — TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

(1)Area	(2)Road name, number and length	(3)Measures
Hampshire County Council (Winchester)	A33 southbound from the Cart and Horses Junction (Kings Worthy) to the proposed A33 / M3 northbound onslip roundabout between point 1 and 2 on sheets 3 and 5 of the traffic regulation measures plans, comprising 1366 metres.	Clearway
Hampshire County Council (Winchester)	A33 southbound from the proposed A33 / M3 northbound onslip roundabout to the proposed National Highways depot roundabout between point 3 and 4 on sheets 5 and 6 of the traffic regulation measures plans, comprising 526 metres.	Clearway
Hampshire County Council (Winchester)	A33 southbound from the proposed National Highways depot roundabout to the proposed M3 Junction 9 gyratory between point 5 and 6 on sheets 6 and 7 of the traffic regulation measures plans, comprising 224 metres.	Clearway
Hampshire County Council (Winchester)	A33 northbound from the proposed M3 Junction 9 gyratory to the proposed National Highways depot roundabout between Point 7 and 8 on sheets 6 and 7 of the traffic regulation measures plans, comprising 242 metres.	Clearway
Hampshire County Council (Winchester)	A33 northbound from the proposed National Highways depot roundabout to the proposed A33 / M3 northbound onslip roundabout between Point 9 and 10 on sheets 6 and 5 of the traffic regulation measures plans, comprising 527 metres.	Clearway
Hampshire County Council (Winchester)	A33 northbound from the proposed A33 / M3 northbound onslip roundabout to a point 20 metres from the existing Cart and Horses Junction (Kings Worthy) between point 11 and 12 on sheets 5 and 3 of the traffic regulation measures plans, comprising 1365 metres.	Clearway
Hampshire County Council (Winchester)	A33 northbound from the proposed A33 / M3 northbound onslip roundabout to a point 24 metres from the proposed A33 / M3 northbound onslip roundabout between point 13 and 14 on sheet 5 of the traffic regulation measures plans, comprising 10 metres.	Clearway
Hampshire County Council (Winchester)	A33 / M3 northbound onslip roundabout the proposed roundabout extents as shown as point 15 on sheet 5 of the traffic regulation measures plans, comprising 84 metres.	Clearway
Hampshire County Council (Winchester)	National Highways depot roundabout the proposed roundabout extents as shown as point 16 on sheet 6 of the traffic regulation measures plans, comprising 84 metres.	Clearway
Hampshire County Council (Winchester)	A34 southbound from a point 662 metres from the proposed M3 underpass northern portal to a point 204 metres from the proposed M3 underpass southern portal between point 17 and 18 on sheets 6 and 5 of the traffic regulation measures plans, comprising 891 metres.	Clearway
Hampshire County Council (Winchester)	A34 southbound from diverge to the proposed M3 Junction 9 gyratory between point 19 and 20 on sheets 6 and 7 of the traffic regulation measures plans, comprising 589 metres.	Clearway
Hampshire County Council (Winchester)	A34 southbound from a point 393 metres from the proposed M3 Junction 9 gyratory northern bridge to a point 346 metres from the proposed M3 Junction 9 gyratory northern bridge between point 21 and 22 on sheet 6 of the traffic regulation measures plans, comprising 50 metres.	Clearway
Hampshire County Council (Winchester)	A34 northbound from M3 / A34 northbound diverge to a point 1172 metres from the M3 / A34 northbound diverge between point 23 and 24 on sheets 6 and 5 of the traffic regulation measures plans, comprising 1172 metres.	Clearway
Hampshire County Council (Winchester)	A34 northbound onslip from a point 32 metres from the proposed M3 Junction 9 gyratory northern bridge between Point 25 and 26 on sheets 7 and 6 of the traffic regulation measures plans, comprising 612 metres.	Clearway
Hampshire County Council (Winchester)	Easton Lane northbound between point 27 and 28 on sheet 7 of the traffic regulation measures plans, comprising 23 metres.	Clearway
Hampshire County Council (Winchester)	Easton Lane southbound between point 29 and 30 on sheet 7 of the traffic regulation measures plans, comprising 25 metres.	Clearway
Hampshire County Council (Winchester)	M3 northbound offslip between point 31 and 32 on sheet 7 of the traffic regulation measures plans, comprising 40 metres.	Clearway
Hampshire County Council (Winchester)	M3 Junction 9 gyratory extents as shown at point 33 (including points 34, 35, 36) on sheet 7 of the restrictions to traffic movement plans, comprising 635 metres.	Clearway
Hampshire County Council (Winchester)	A33 overtaking between point 37 and 38 on sheets 6 and 5 of the traffic regulation measures plans, comprising 487 metres.	No overtaking
Hampshire County Council (Winchester)	A33 overtaking between point 39 and 40 on sheets 5 and 3 of the traffic regulation measures plans, comprising 731 metres.	No overtaking

PART 7 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

(1)Area	(2)Road name, number and length	(3)Title of Order	(4)Revocations or variations
Hampshire County Council (Winchester)	A34 northbound carriageway between point 1 and 2 on sheets 5 and 7 of the revoking existing clearway orders plans, comprising 926 metres.	The Winchester-Preston Trunk Road (A34) (24 Hours Clearway) (No.2) Order 1987	Existing section of highway (in part) to be stopped up. Traffic regulation order to be revised to suit proposed highway arrangement.
Hampshire County Council (Winchester)	A34 southbound carriageway between point 3 and 4 on sheets 5 and 7 of the revoking existing clearway orders plans, comprising 899 metres.	The Winchester-Preston Trunk Road (A34) (24 Hours Clearway) (No.2) Order 1987	Existing section of highway (in part) to be stopped up. Traffic regulation order to be revised to suit proposed highway arrangement.
Hampshire County Council (Winchester)	A33 between point 5 and 6 on sheets 3 and 5 of the revoking existing clearway orders plans, comprising 929 metres.	The South West of Basingstoke – Southampton Trunk Road (Prohibition of Waiting) (Clearways) Order 1968	Existing section of highway (in part) to be stopped up. Traffic regulation order to be revised to suit proposed highway arrangement.

PART 8 — PUBLIC RIGHTS OF WAY TO BE CREATED

(1)Area	(2)Status and length of public right of way / footpath / cycle track / bridleway / footway and associated structures
Hampshire County Council (Winchester)	Cycle track between the Cart and Horses Junction (Kings Worthy) to the existing NCN Route 23 adjacent to Tesco and the proposed gyratory between points 16, 4 and 15 as shown on sheets 3, 5, 6 and 7 of the rights of way and access plans, comprising 2606 metres.
Hampshire County Council (Winchester)	Bridleway between the proposed gyratory and Easton Lane between point 3 and 4 as shown on sheets 6 and 7 of the rights of way and access plans, comprising 277 metres.
Hampshire County Council (Winchester)	Bridleway between Easton Lane and Long Walk between point 1 and 2 on sheets 4, 5, 6 and 7 of the rights of way and access plans, comprising 1197 metres.

SCHEDULE 4 — PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

1

In relating this Schedule to the rights of way and access plans, the provisions described in this Schedule are shown on the rights of way and access plans in the following manner—

• (a) Existing highways to be stopped up, as described in column (2) of Part 1 of this Schedule, are shown by red boxed hatching (as shown in the key on the rights of way and access plans) over the extent of the area to be stopped up, which is described in column (3) of Part 1 of this Schedule.

• (b) New highways which are to be substituted for a highway to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 1 of this Schedule, are shown by green shading (for motorways), pink shading (for trunk roads), yellow shading (for other classified roads and highways) and blue, yellow or purple shading (for public rights of way) (as shown in the key on the rights of way and access plans) and are given a reference label (a capital letter in a circle) and will be a road unless otherwise stated beneath its reference letter in column (4) of Part 1 of this Schedule.

• (c) Private means of access to be stopped up, as described in column (2) of Part 2 of this Schedule, are shown by blue shading (as shown in the key on the rights of way and access plans) over the extent of stopping up described in column (3) of Part 2 of this Schedule, and are given a reference label (a lower case letter in a circle).

• (d) New private means of access to be substituted for a private means of access to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 2 of this Schedule, are shown by blue shading (as shown in the key on the rights of way and access plans) and are given a reference label (a number in a circle).

PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

(1)Area	(2)Highway to be stopped up	(3)Extent of stopping up	(4)New Highway to be substituted/provided
Hampshire County Council (Winchester)	A33 northbound carriageway	936 metres between points 22 and 21 as shown on sheets 3 and 5 of the rights of way and access plans.	A new cycle track between the Cart and Horses Junction (Kings Worthy) to the existing NCN Route 23 adjacent to Tesco and the proposed gyratory between points 16, 4, and 15 as shown on sheets 3, 5, 6, and 7 of the rights of way and access plans, comprising 2606 metres.
Hampshire County Council (Winchester)	A34 northbound carriageway	935 metres between points 17 and 18 as shown on sheets 5 and 7 of the rights of way and access plans.	A new length of trunk road (realigned A34 northbound carriageway) for a length of 691 metres.
Hampshire County Council (Winchester)	A34 southbound carriageway	920 metres between points 19 and 20 as shown on sheets 5 and 7 of the rights of way and access plans.	A new length of trunk road (realigned A34 southbound carriageway) for a length of 549 metres.
Hampshire County Council (Winchester)	M3 northbound onslip carriageway	258 metres between points 23 and 24 as shown on sheets 6 and 7 of the rights of way and access plans.	A new length of trunk road (realigned A34 northbound merge) for a length of 617 metres.
Hampshire County Council (Winchester)	M3 northbound offslip carriageway	316 metres between points 29 and 30 as shown on sheets 7 and 8 of the rights of way and access plans.	A new length of special road (realigned M3 northbound offslip carriageway) for a length of 440 metres.
Hampshire County Council (Winchester)	M3 southbound onslip carriageway	246 metres between points 27 and 28 as shown on sheet 7 of the rights of way and access plans.	A new length of special road (realigned M3 southbound onslip carriageway) for a length of 687 metres.
Hampshire County Council (Winchester)	M3 southbound offslip carriageway	418 metres between the M3 southbound offslip to point 26 as shown on sheets 6 and 7 of the rights of way and access plans.	A new length of special road (realigned M3 southbound offslip carriageway) for a length of 634 metres.
Hampshire County Council (Winchester)	A272 northbound carriageway	101 metres between points 33 and 34 as shown on sheet 7 of the rights of way and access plans.	A new length of classified road (realigned A272 northbound carriageway) for a length of 116 metres.
Hampshire County Council (Winchester)	Easton Lane southbound carriageway	106 metres between points 31 and 32 as shown on sheet 7 of the rights of way and access plans.	A new length of classified road (realigned Easton Lane southbound carriageway) for a length of 106 metres.
Hampshire County Council (Winchester)	M3 Junction 9 gyratory (with demolition of existing structures over M3 northbound and southbound carriageways)	640 metres as identified by all points referenced 35 on sheet 7 of the rights of way and access plans.	A new length of trunk road (realigned M3 Junction 9 gyratory) for a length of 583 metres.
Hampshire County Council (Winchester)	National Highways rear entrance / exit	As noted on the rights of way and access plans.	A realigned entrance / exit via a proposed roundabout (National Highways depot roundabout) for a length of 93 metres.
Hampshire County Council (Winchester)	Existing public right of way to be stopped up	441 metres of existing public right of way between points 6 and 7 as shown on sheets 6 and 7 of the rights of way and access plans.	New public right of way as per reference F/C 1 between points 4, 15 and 16, for a length of 2693 metres, as shown on sheets 3, 5, 6 and 7.
Hampshire County Council (Winchester)	Existing public right of way to be stopped up	290 metres of existing public right of way between points 5 and 6 as shown on sheets 6 and 7 of the rights of way and access plans.	New public right of way as identified between points 1 and 2, 3 and 4, for a length of 1679 metres as shown on sheets 4, 6 and 7 of the rights of way and access plans.
Hampshire County Council (Winchester)	Existing footway / footpath between to be stopped up	1719 metres of existing footway / footpath between points 7 and 8, 9 and 10, 11 and 12, 13 and 14 as shown on sheets 3, 5, 6 and 7 of the rights of way and access plans.	New public right of way as per reference F/C 1 between points 4, 15 and 16, for a length of 2693 metres as shown on sheets 3, 5, 6 and 7 of the rights of way and access plans.

PART 2 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

(1)Area	(2)Private means of access to be stopped up	(3)Extent of stopping up	(4)New private means of access to be substituted/provided
Hampshire County Council (Winchester)	A33 business park access	Shown as point A on sheet 3 of the rights and access plans.	Between point 49 and 48 on sheet 3 of the classification of road plans, comprising 18 metres.
Hampshire County Council (Winchester)	A33 business park access	Shown as point B on sheet 3 of the rights of way and access plans.	Between point 50 and 51 on sheet 3 of the classification of road plans, comprising 33 metres.

SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1)Plot reference number shown on land plans	(2)Purpose for which rights over land may be acquired	(3)Relevant part of the authorised development
Land Plans – Sheet 6	Land Plans – Sheet 6	Land Plans – Sheet 6
Plot 6/5	Rights to be acquired permanently to access, construct, maintain and repair overhead electricity cables and associated apparatus	Work No. 21

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation for the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the Compulsory Purchase Act 1965 (as modified by paragraph 5(5) of Schedule 6 to the M3 Junction 9 Development Consent Order 2024 (the “2024 Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the Compulsory Purchase Act 1965 (as substituted by paragraph 5(8) of Schedule 6 to the 2024 Order) to acquire an interest in the land; and (c) the acquiring authority enter on and take possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973⁹⁰ has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

• (a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 30 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 24 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 27(1) (compulsory acquisition of rights and imposition of restrictive covenants)—

• (a) with the modifications specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.

• (3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

• (5) Section 11 (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 24), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A⁹¹ (powers of entry: further notices of entry), 11B⁹² (counter-notice requiring possession to be taken on specified date), 12⁹³ (unauthorised entry) and 13⁹⁴ (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20⁹⁵ (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 30(4) is also modified so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A of the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 31 (application of the 1981 Act) of the M3 Junction 9 Development Consent Order 2024 in respect of the land to which the notice to treat relates. (2) But see article 32(3) (acquisition of subsoil or airspace only) of the M3 Junction 9 Development Consent Order 2024 which excludes the acquisition of subsoil or airspace only from this Schedule. (3) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the acquiring authority do not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right of the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making the determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawing of the notice. (15) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)Plot Reference Number shown on land plans	(2)Purpose for which temporary possession may be taken	(3)Relevant part of the authorised development
Land Plans – Sheet 4	Land Plans – Sheet 4	Land Plans – Sheet 4
4/1a	Land required temporarily for temporary traffic management purposes.	Ancillary works
4/1b	Required to facilitate and provide a working space and temporary access for works associated with the diversion of power cables.	Work No. 35
4/1c	Required to facilitate and provide a working space and temporary access for works associated with the construction of a new bridleway and associated drainage and landscaping features to connect Long Walk and Easton Lane.	Work No. 9
4/1d	Land required temporarily for temporary traffic management purposes.	Ancillary works
4/2a	Required to facilitate and provide a working space and temporary access for works associated with the diversion of 50 metres in length of power cables.	Work No. 35
4/2b	Required to facilitate and provide a working space and temporary access for works associated with the diversion of power cables.	Work No. 35
4/2c	Land required temporarily for temporary traffic management purposes.	Ancillary works
Land Plans – Sheet 5	Land Plans – Sheet 5	Land Plans – Sheet 5
5/5a	Requirement to facilitate and provide a working space and temporary access for works associated with the construction of a drainage outfall into the River Itchen.	Work No. 43
5/2d	Land required temporarily for temporary traffic management purposes.	Ancillary Works
5/2e	Required to facilitate and provide a working space and temporary access for works associated with:1. the improvement and construction of the realignment of the northbound and southbound carriageways of the A33 between B3047 (London Road) / A33 junction and proposed A33 / M3 northbound onslip roundabout;1(g). the construction of the extension of the existing central reserve with associated vehicle restraint system;1(h). the construction of carriageway realignment on the existing River Itchen bridge (including possible remediation works);3. the construction improvements and realignment of the southbound carriageway of the A34;42. the construction of a drainage outfall into the River Itchen.	Work No. 1, 1(g), 1(h), 3, 42
5/3c	Required temporarily to facilitate construction generally and to facilitate and provide a working space and temporary access for works associated with the construction of a new bridleway and associated drainage and landscaping features to connect Long Walk to Easton Lane.	Work No. 9
5/4	Required temporarily to facilitate construction of surface water drainage outfall.	Work No. 42
Land Plans – Sheet 6	Land Plans – Sheet 6	Land Plans – Sheet 6
6/1f	Required to facilitate and provide a working space and temporary access for works associated with:9. the construction of a new bridleway and associated drainage and landscaping features to connect Long Walk and Easton Lane;9(a). the construction of an attenuation basin maintenance track;20. the diversion of a low-pressure gas main pipeline;26. the diversion of telecommunication equipment;33. the realignment of the National Cycle Route 23 and associated earthworks and landscaping.	Work No. 9, 9(a), 20, 26, 33
6/1g	Required to construct a temporary construction site compound.	Work No. 38
6/4d	Required to facilitate and provide a working space and temporary access for works associated with the construction of a new bridleway and associated drainage and landscaping features to connect Long Walk to Easton Lane.	Work No. 9
6/6a	Required to facilitate and provide a working space and temporary access for works associated with the diversion of a low-pressure gas main pipeline.	Work No. 20
6/6b	Required to facilitate and provide a working space and temporary access for works associated with:20. the diversion of a low-pressure gas main pipeline;38: the construction of a temporary construction site compound situated on land to the east of the M3 Junction 9 gyratory.	Work Nos. 20, 38
Land Plans – Sheet 7	Land Plans – Sheet 7	Land Plans – Sheet 7
7/1a	Required to facilitate and provide a working space and temporary access for works associated with the construction of a temporary construction site compound situated on land to the east of the M3 Junction 9 gyratory.	Work No. 38
7/2c	Land required temporarily for temporary traffic management purposes.	Ancillary works
7/4g	Land required temporarily for temporary traffic management purposes.	Ancillary works
7/5	Land required temporarily for temporary traffic management purposes.	Ancillary works
7/6	Land required temporarily for temporary traffic management purposes	Ancillary works

SCHEDULE 8 — REMOVAL OF HEDGEROWS

(1) Hedgerow No. as referred to in the protected trees and hedgerows to be removed plans	(2) Work to be carried out	(3) Relevant part of authorised development	(3) Important hedgerow
H1	Partial Removal	Work No. 35	Yes
H2	Partial Removal	Work No. 9	Yes
H3	Partial Removal	Work No. 9	Yes
H4	Removal	Work Nos. 3, 10(a), 11, 19, 20, 21, 39	No
H5	Partial Removal	Work Nos. 3, 32, 33	No
H6	Partial Removal	Work Nos. 3, 9, 33	Yes
H7	Partial Removal	Work Nos. 3, 33	Yes
H9	Partial Removal	Work No. 49	No
H10	Partial Removal	Work No. 49	No

SCHEDULE 9 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1)Name of Order/Type of tree	(2)Work to be carried out	(3)Relevant part of the authorised development
Tree preservation order (00039-2003-TPO) partially covered by tree group G43(B) which identified ash, sycamore, yew, hawthorn, field maple, english oak, elder, blackthorn	Partial Removal	Work Nos. 24, 29

SCHEDULE 10 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1

For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

2

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989)⁹⁶, belonging to or maintained by that utility undertaker;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986⁹⁷ for the purposes of gas supply;in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; andin the case of a sewerage undertaker—any drain or works vested in the utility undertaker under the Water Industry Act 1991⁹⁸; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)⁹⁹ (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act¹⁰⁰,

and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;

• “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and

• “utility undertaker” means—any licence holder within the meaning of Part 1 of the Electricity Act 1989;a gas transporter within the meaning of Part 1 of the Gas Act 1986;a water undertaker within the meaning of the Water Industry Act 1991; anda sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,

for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up streets

4

• (1) Where any street is stopped up under article 17 (permanent stopping up and restriction of use of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

• (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 16 (temporary stopping up and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 22 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 48 (arbitration).

• (5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 48 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

• (7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

Facilities and rights for alternative apparatus

8